Business law 9th saral riches allen

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Sarah Riches & Vida Allen

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CASE

N

A V I G AT O R

www.pearson-books.com

and reliable text specifi cally designed for non-law students studying

law for the fi rst time Maintaining the direct and accessible approach

which has made this book so popular, Riches and Allen provide

user-friendly explanations of the law in a highly practical and

engaging style immediately equipping you with a good understanding

of key legal concepts

Now thoroughly revised and updated, the new edition includes

key changes to the law on:

The Consumer Protection from Unfair Trading Regulations 2008

The coverage of tort law has also been expanded and

restructured in this edition to better match how the topic is covered on

business law courses

The new text design and handy cross-references allow you to fi nd the information you need quickly and

easily while the use of extensive cases and diagrams make sometimes complex points in the law easier to

understand Learning aids popular in previous editions have been retained and include:

Learning objectives highlight key points you should understand as you progress through each chapter

•

Self test questions allow you to assess for yourself whether your knowledge is up to scratch

•

Case summaries

• are included throughout to give you the key facts, legal principle

and context underlying important cases

End of chapter specimen examination questions provide valuable examples of the typical types

•

of question you may face in an exam enabling you to better prepare for assessments

Sarah Riches is Director of Planning and Policy at the University of Bolton

and has many years’ teaching experience

Vida Allen is Principal Lecturer in Law at Kingston University

where she teaches business and company law

law students.’ Indira Carr, Professor of Law at the University of Surrey

Keenan and Riches’

BUSINESS LAW

Also available:

Smith and Keenan’sLAW FOR BUSINESSSmith and Keenan’sENGLISH LAW

TEXT AND CASES

Smith and Keenan’sCOMPANY LAW Smith and Keenan’sCOMPANY LAW

WITH SCOTTISH SUPPLEMENT

Ninth Edition Keenan and Riches’

BUSINESS LAW Sarah Riches and

Vida Allen

Pearson Education Limited

Edinburgh Gate

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and Associated Companies throughout the world

Visit us on the World Wide Web at:

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First published in Great Britain under the Pitman Publishing imprint in 1987

Second edition published 1990

Third edition published 1993

Fourth edition published 1995

Fifth edition published 1998

Sixth edition published under the Longman imprint in 2002

Seventh edition published 2005

Eighth edition published 2007

Ninth edition published 2009

© Mary Keenan, Sarah Riches and Vida Allen 2009

The rights of Denis Keenan, Sarah Riches and Vida Allen to be identified as authors of

this work have been asserted by them in accordance with the Copyright, Designs and

Patents Act 1988.

All rights reserved No part of this publication may be reproduced, stored in a

retrieval system, or transmitted in any form or by any means, electronic, mechanical,

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All trademarks used herein are the property of their respective owners The use of any

trademark in this text does not vest in the author or publisher any trademark ownership

rights in such trademarks, nor does the use of such trademarks imply any affiliation with

or endorsement of this book by such owners.

Crown Copyright material is reproduced with the permission of the Controller of HMSO

and the Queen’s Printer for Scotland.

Law Commission Reports are reproduced under the terms of the Click-Use Licence.

ISBN: 978-1-4058-9964-2

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

1 Business law–England 2 Business law–Wales I Allen, Vida II Keenan, Denis J

Business law III Title IV Title: Business law.

Printed by Ashford Colour Press Ltd., Gosport

The publisher’s policy is to use paper manufactured from sustainable forests.

Guided tour xii

4 Classification and survey of types of business organisation 73

5 Non-corporate organisations – sole traders and partnerships 97

7 Introduction to the law of contract 203

8 Types of business contract 266

9 The terms of business contracts 279

10 Contracts for the supply of goods and services 302

11 Business and the law of tort 330

12 Criminal liability in business 358

Case names, citations and law report

Table of European and other

Legal change and the changing world 12

Other sources of information and advice 48Methods of dispute settlement: the courts 50

Classification of business organisations 73

Survey of types of business organisation:

Publicity and external control of the

Taxation and national insurance 90

The interim order and voluntary arrangement

The effect of a bankruptcy order – generally 103

Carrying on the business and disclaimer 107

Transactions at an undervalue and

Definition and nature of a partnership 111

The sharing of profits as evidence of

The relationship between partners and

Liability of incoming and outgoing partners 122

Relationship of partners within the

Reform: a partnership with legal personality 137Model form of ordinary (or unlimited)

The issue of shares and debentures 167Procedures for issuing shares to the public 168Regulation of the securities market and

Essentials of a valid contract 205

Contracts for financial services 272

Puffs, representations and terms 281

Unfair Terms in Consumer Contracts

Transfer of property in the goods 309Sale by a person who is not the owner 312

Implied terms in contracts for the supply

Implied terms in contracts for the supply

Manufacturer’s liability in contract 324

Other torts relevant to business 347

Safety and quality of food 365

Other criminal liability for the supply of

Other crimes relevant to business 368

Licensing of credit and hire businesses 391

Signing credit or hire agreements 392

Liability of the supplier and creditor 394

Why do consumers need protection? 402

Consumer protection institutions 403

Different approaches to consumer protection 407

Consumer protection case study – package

The rights and duties of an occupier

The contract of employment: special

Visit the Business Law, 9 th

Edition mylawchamber site at

www.mylawchamber.co.uk/richesto access valuable learning

material

FOR STUDENTS

Do you want to give yourself a head start come exam time?

Companion website support

● Use the selected answers to self-test questions in the book to test yourself on each topic

throughout the course

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Struggling with some of the core concepts in Contract Law?

Online Study Guide

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C A S E

POWERED BY

Guided tour

Business contracting – generally

Once the businessman has decided on the particular

form of business organisation that suits his needs, he

can concentrate on his main purpose: establishing and

premises and equipment, taking on employees, buying

vice and meeting orders Underpinning all these business

transactions is the presence of a contract.

Most people think that a contract is a formal written

document which has been signed by the parties in the

this form, there would be little room for argument about

agreement, the obligations they had undertaken or the

agreement In practice, however, few contracts are like

without formalities The parties may even be unaware of

agreements you have made over the past week:

■ buying a newspaper;

■ taking the bus or train into work or college;

■ agreeing to complete an assignment by a particular

date;

■ getting a cup of coffee at breaktime;

■ arranging to meet a friend for lunch.

Can all these transactions be classed as contracts? You have legal consequences So, what then is a contract?

the parties to a contract? What happens if either party are provided by the law of contract.

The foundations of the present-day law of contract were laid in the 19th century This period in our history inevitably, an increase in the volume of commercial dis- Gradually, the judges developed a body of settled rules disputes from which they arose and the prevailing beliefs

19th century was laissez-faire individualism – the view

and that individuals should be free to determine their

of contract by two assumptions: freedom of contract and everyone was free to choose which contracts they entered could not produce an acceptable basis for agreement,

203

Chapter 7 Introduction to the law

of contract Learning objectives

After studying this chapter you should understand the following main points:

■ the distinction between a contract and other types of non-binding agreement;

■ the essential elements of a binding contract;

■ the factors which may affect the validity of a contract;

■ the ways in which the obligations under a contract may be discharged;

■ the remedies available for breach of contract.

Learning objectives

Located at the start of each chapter the Learning objectives highlight the key points you should understand following your reading of the chapter

Case Summaries

Summaries and commentary of selected cases throughout highlight the key facts, legal principle, and context underlying important cases

Chapter 9The terms of business contracts

The division of terms into conditions and warranties was included in the original Sale of Goods Act 1893 (now the Sale of Goods Act 1979, as amended) In

s 11(3) a condition is described as a stipulation ‘the tract as repudiated’, while a warranty is a stipulation ‘the breach of which may give rise to a claim for damages but not a right to reject the goods and treat the contract nised that it may be impossible to classify a term neatly undertakings may occupy an intermediate position, in sequences of a breach If a breach of the term results in

to repudiate the contract; where the breach involves only

Express and implied terms

Another way in which the contents of a contract can be

or implied.

Express terms

Express terms are the details of a contract which have

be contained wholly in a written document or

ascer-In some cases, the terms may be partly written and partly verbal.

283

Poussard v Spiers (1876)

Madame Poussard was engaged to appear in an etta from the start of its London run Owing to illness, opened and the producers were forced to engage a sub- stitute They now refused Madame Poussard’s offer to form from the first night was a condition of the contract.

oper-Failure to carry out this term entitled the producers to repudiate Madame Poussard’s contract.

Bettini v Gye (1876)

Bettini, an opera singer, was engaged by Gye to appear

at least six days before the first concert for the purpose

of rehearsals He arrived three days late and Gye refused appear for rehearsals was a less important term of the contract Gye could claim compensation for a breach of warranty but he could not repudiate Bettini’s contract.

does not go to the root of the contract A breach of warranty will only give the injured party the right to claim damages; he cannot repudiate the contract.

The difference between a condition and a warranty is illustrated by the following cases.

Cehave NV v Bremer Handelsgesellschaft mbH (The Hansa Nord) (1975)

A clause in a contract for the sale of citrus pulp pellets dition’ Part of one consignment arrived in Rotterdam in cargo The defects were not particularly serious because some time later the buyers bought the very same cargo ceeded to use for their original purpose The Court of diate term The breach was not so serious that it entitled the buyers to reject the whole cargo It could be dealt with by an award of damages.

Harling v Eddy (1951)

A heifer was put up for sale by auction at Ashford Cattle conditions of sale which stated that the auctioneer did appearance of this particular heifer was so poor when she entered the auction ring that no one was prepared to was nothing wrong with her and he would guarantee her

in every respect The heifer was sold to the claimant but was dead from tuberculosis within three months The

minor loss, the injured party’s remedies will be restricted known as innominate terms.

95), published in 1979 The provisions of Part I, which implied terms The first set applies to contracts for the for hire.

Contracts for the transfer of property

Figure 10.2 Remedies under the Sale of Goods Act 1979 after 31 March 2003

are to the 1982 Act, as amended by the Sale and Supply

now examine the provisions of the Act in more detail.

Implied terms in contracts for

the supply of goods (Part I)

Part I of the Act was based on the recommendations of

Terms in Contracts for the Supply of Goods (Law Com No

Figures and diagrams

Illustrative figures and diagrams can be found throughout chapters to strengthen your understanding of complex legal processes and areas in Business Law

Chapter 8Types of business contract

269

Figure 8.1 A typical hire agreement form

Copyright © Consumer Credit Trade Association (original size A4)

Realia

Documents are reproduced throughout

to give you a sense of how the law looks and feels in practice, offering you real examples encountered in the business world

the contract that the parties did not intend the term to

be enforceable by a third party’.

Variation and rescission of the contract (s 2)

The effect of this section is to restrict attempts by the

(rescind) it without the agreement of the third party.

term of a contract, the contracting parties may not, by

to extinguish or alter the third party’s entitlement,

with-out the third party’s consent if:

■ the third party has communicated to the promisor

his/her acceptance of the term; or

■ the promisor is aware that the third party has relied

on the term;

■ the promisor can reasonably be expected to have

and the third party has in fact relied on the term.

Acceptance may be in the form of words or conduct, but if the acceptance is sent by post, the ‘postal rules’ will

received by the promisor.

The principle that variation or rescission of the tract can only be made with the third party’s consent

con-will not apply in the following circumstances:

■ Where there is an express term in the contract

allow-the third party’s consent.

■ Where, on the application of the contracting parties,

because the third party’s whereabouts are unknown incapacity or it cannot be ascertained whether he has able by either the High Court or county court.

Defences, set-off or counterclaims available

to the promisor (s 3)

This section applies where the third party is seeking to

out the defences, set-offs and counterclaims available to

following principles apply:

1The third party’s claim will be subject to all the

defences and set-offs which would have been available to

or in connection with the contract and relevant to the term the third party is seeking to enforce (s 3(2)).

Part 3Business transactions

224

Example 1

The contract is void because of mistake or illegality, or forceable because of a failure to observe necessary form- alities In these circumstances the third party will not be able to enforce the term because the promisee would not have been able to enforce the contract.

Example 2

A and B enter into a contract for the sale of goods, whereby the purchase price is to be paid to C B delivers goods which are not of satisfactory quality in breach of Goods Act 1979 In an action for the price of the goods brought by C, A will be entitled to reduce or extinguish the price because of B’s breach of contract.

2The contracting parties may include an express term

in the contract to the effect that the promisor may have

in proceedings brought by the third party or the misee (s 3(3)).

pro-Example 1

A enters into a contract with B whereby A will pay C

by C and need only pay £600.

Example

A agrees to buy B’s car for £3,000, with the purchase price to be paid to C B owes A money under a com- pletely unrelated contract A and B agree to an express term in the contract for the sale of the car that allows

A to raise in any claim brought by C any matter which would have given A a defence or set-off in a claim price, A would be able to set off the money owed by B.

3The promisor will also have available to him any defence or set-off, or any counterclaim not arising from the contract, but which is specific to the third party (s 3(4)).

Examples

Located throughout, practical examples illustrate the outcomes to possible scenarios, demonstrating how the law operates in the real world

Part 2Business organisations

144

1 Joseph David Soap wishes to set up in business

on his own as a carpenter, having acquired a small

business connection from John Smith Which of the

following trading names, if any, would require Joe

to comply with the provisions of the Companies

Act 2006?

(a) David Soap;

(b) J D Soap & Co;

2 Your friend, Fred, intends to go into business on

his own as a timber merchant under the name of

‘County Council Supplies’ What could happen to

Fred if he does this?

3 Old John Brown has been in business as a furniture

remover in Barchester since 1975 Last year young

John Brown moved to Barchester and has started up

a furniture removal business in his own name Can

old John Brown stop him?

4 Adam Smith, a grocer, comes to you for advice on

his finances What advice would you give him in

terms of each of the following questions which he

asks you?

(a) ‘Times have been very hard for me lately

I owe so many people so much money I could

probably pay my creditors, say, half of what I

owe them but no more Is there a way of doing

this, given that I understand that a builder to

whom I owe £1,000 appears to have gone to

court to make me bankrupt?’

(b) ‘Anyway, I have tried to make my family safe.

Last week I gave my wife the family home

and on the same day sold her two terraced

houses in Barchester worth £40,000 for £500.

Yesterday I also paid my brother off I owed

him £1,000 from when I started up so he should have it My creditors can’t upset these deals,

I take it.’

(c) ‘I have not paid John, my driver, for a month and

I doubt whether I can now I wish I could have helped him but I guess he will have to go down with all the other creditors That’s the position, isn’t it?’

(d) ‘Of course, even if they make me bankrupt I shall

rent another shop and go on trading Nothing can be done about that, can it?’

5 Joe is a solicitor employed by Bloggs & Co There

are two partners, Harry and Ian Ian is intending to retire and it has been decided that Joe should replace Ian as a partner, with Harry carrying on

as a partner.

Explain to each of Joe, Harry and Ian what steps each should take to protect himself as a result of the changeover.

6 Cliff has been asked by his friends, Don and Eric,

to help them set up an antiques business Don and Eric want Cliff to lend them £5,000 and they say they will give Cliff one-third of the profits instead

of interest on the loan.

What are the dangers to Cliff in such an arrangement and how can he overcome them?

7 Fred is a new partner in Gee & Co, a firm of interior

designers In discussion at a recent meeting of the partners Fred was told that the office building at which the firm is based is not partnership property.

Explain to Fred:

(a) what is meant by the expression ‘partnership

property’;

(b) what effect it will have on him if the office

building is not partnership property;

(c) how it can be that an asset which is used in

the firm’s business is not in fact partnership property.

Self-test questions/activities

3 Tom and Harry are shop assistants and short of

cash They decide to borrow from the till Tom leaves

a note in the till and replaces the money the

following day Harry neither leaves a note nor does

he replace the money The employer has discovered Harry but does not wish to incur liability.

Advise the employer.

Part 4Business resources

566

http://www.berr.gov.uk/whatwedo/employment/

workandfamilies/flexible-working/index.html For

family-friendly developments, see Department for

Business, Enterprise & Regulatory Reform website.

http://www.berr.gov.uk/whatwedo/employment/

employment-legislation/employment-guidance/

page19310.html For guidance on payments and awards,

see Department for Business, Enterprise & Regulatory

Reform website.

http://www.cipd.co.uk Also useful in the above area, the

Chartered Institute of Personnel and Development.

http://www.direct.gov.uk/en/Employment/Employees/

Pay/index.htm On the National Minimum Wage, the BERR

interactive website on NMW.

http://www.lowpay.gov.uk The Low Pay Commission.

http://www.ico.gov.uk The Information Commissioner’s

Office is an independent supervisory authority that reports directly to Parliament.

http://www.ico.gov.uk/home/for_organisations/topic_

Practice Code.

http://www.equalityhumanrights.com On equal pay and

equality in employment generally, the Commission for Equality and Human Rights.

Website references

Visit www.mylawchamber.co.uk/riches

to access selected answers to self-test questions in the

book to check how much you understand in this chapter.

Use Case Navigator to read in full some of the key cases

referenced in this chapter:

Johnson v Unisys Ltd [2001] 2 All ER 801.

Post Office v Foley; HSBA Bank v Madden [2000] 1 All ER (D) 550.

Fairchild v Glenhaven Funeral Services Ltd and others; [2002] 3

Self-test questions and activities

Located at the end of each chapter, self-test questions allow you to test your understanding of topics following your reading Answers will be available

on the companion website at

http://www.mylawchamber.co.uk/riches

Website references

Annotated web references can be found at the end of each chapter, directing you to useful and relevant resources on the web

Chapter 6Companies

5 As Secretary of Ouse Ltd write a memorandum for

the Board explaining the differences between raising finance:

(a) by an issue of shares;

(b) by an issue of unsecured loan stock;

(c) by an issue of debentures secured by a floating

charge over the company’s asets; and

(d) by an issue of preference shares.

6 (a) How is the voluntary winding-up of a company

7 In relation to corporate insolvency distinguish

between an administrator and a liquidator.

199

1 (a) How may and when must a company change

its name?

(b) Dodgy Computers Ltd is registered for the

purpose of acquiring the business of John who has been trading under the name of

‘Supercomputers’ The company will operate the business under that name.

What statutory rules must the company comply with and what are the consequences in terms of its contracts if it fails to comply with them?

2 Although the directors have the general power to

manage the company, power to carry out certain functions is given to the shareholders either in general meeting or by written resolution State and explain these shareholder powers.

3 John holds shares in Derwent Ltd and wishes to

retire and dispose of his shareholding for cash Dick and Harry are the other two shareholders but they cannot afford to pay for the shares John is thinking

of selling his shares to his brother and Dick and Harry do not want this.

Explain to Dick and Harry how the company might purchase John’s shares and outline the procedure to them.

4 Corporate insolvency: a case study

Trent Ltd is a small company John and Paul are the shareholders and the company’s overdraft with the

Barchester Bank plc is secured by a floating charge

on the whole of the company’s undertaking.

Problems have arisen within the company Trent Ltd is over-borrowed and has declining margins The company has started to run short of cash It is struggling to pay its bills and may fail in the near future.

Nevertheless, John and Paul intend to carry on business through the company The bank and other creditors are pressing for payment John and Paul seek your advice on resolving the present difficulties.

Matters to be addressed:

(a) The consequences for John and Paul of

continuing to trade through the company in its present state.

(b) The suitability of a company voluntary

arrangement or administration and the steps to

be taken.

(c) The last-ditch possibility of a winding-up,

preferably without the involvement of the court.

Discuss procedures.

(d) Explain to John and Paul what steps the

Barchester Bank can take.

(e) Explain the steps that unsecured creditors can

take.

Specimen examination questions

Specimen examination questions

Located at the end of each chapter, specimen examination questions provide useful examples of the sort of questions you could be faced with in your exams, and can be used to assist you in your exam preparation

the tribunal can award compensation The maximum

rently £63,000.

The compensation will generally be paid by the employer

or employment agency concerned but in cases where a

that the unlawful refusal resulted from pressure applied

union it may order the union to pay some or all of the

the prospective employer or employment agency should

ful action on the complainant.

In Harrison v Kent County Council (1995) it was

held that an employer’s refusal to employ an applicant

amount to an unlawful refusal of employment on grounds

of union membership.

Time off work without pay

Under the ERA 1996 employees have a right to time off

entitled to pay, as in the case of trade union officials and

wanting to arrange training for another job These and

relating to pay However, there are other cases in which

not under a duty to pay wages or salary for it These are

as follows:

mem-ber of an independent trade union which the employer

activities The employee is not entitled to pay unless he

provisions previously considered The Advisory,

Con-body set up by the Employment Protection Act 1975 to

relations, has published a Code of Practice 3 which gives

Paid time off for union officials for union duties has

already been considered.

employees who hold certain public positions and offices

with them Details are given in the ERA 1996 which covers

member of an employment tribunal, and member of recently been an extension made by statutory instrument mittees for prisons, remand centres and young offender institutions.

Complaints in regard to failure to give time off under

1 and 2 above may be taken to an employment tribunal.

months of the date when the failure to give time off declaring the rights of the employee so that these can be compensation to be paid by the employer where there is injury to the employee, e.g hurt feelings.

particular time off at p 476

Testimonials and references

There is no law which requires an employer to give a reference or testimonial to an employee or to answer

ask him This was decided in Carroll v Bird (1800) An

latory body, such as the Financial Services Authority as only by authorised and competent persons.

However, if an employer does give a reference or testimonial, either orally or in writing, which is false, he ters Act 1792 The employer may also be liable in civil law to pay damages to certain persons as follows:

of a false statement known to the former employer to be

without reasonable grounds for believing the statement

Transhield Ltd (1987) that an employer who gives another

duty of care in negligence to the recipient employer

It should be noted that if words of disclaimer such as

is accepted for any errors or omissions which it contains are used they will have to satisfy the test of ‘reasonable- court might think such a clause reasonable in regard to

Part 4Business resources

486

Chapter cross-references

Clear in-text cross-references come in handy to help you identify where to discover more information on key topics.

Visit the Business Law, 9th edition

mylawchamber site at www.mylawchamber.

co.uk/riches to access:

● Companion website support: Use the

selected answers to self-test questions in

the book to test yourself on each topic

throughout the course The site includes

updates to major changes in the law to

make sure you are ahead of the game.

● Online Study Guide: Use this resource to

revise key topics in Contract Law by

working through a series of interactive

problem solving exercises.

● Case Navigator: provides access and

guidance to key cases in the subject to

improve your case reading and analysis

skills.

This book is designed for students studying Business

Law at a variety of levels as part of a Business course

We have assumed that the reader has no previous

knowledge of English law; our starting point is basic

principles and, when specialist legal terms are used,

we have given clear ‘jargon free’ explanations The book

is designed to give the reader an understanding of the

changing legal framework within which modern

busi-ness organisations must operate The emphasis is on

law in its business context Thus a range of business

documents has been included, enabling the reader to

relate the principles of business law to the real world of

business

In this connection our thanks go to the Consumer

Credit Trade Association, the Road Haulage Association

and HMSO for giving us their kind permission to

repro-duce certain of these documents The reader should

appreciate that the versions of these documents and

forms appearing in our text are reduced in size, and also

that copyright in them must be respected This extends

also to any alterations or variations in them without the

authorisation of the owner of the copyright

The teaching and learning strategies for higher level

courses stress the development of a variety of learning

activities, with students increasingly taking greater

responsibility for their own learning At the end of each

chapter we have provided a selection of self-test

ques-tions and activities related specifically to the material

introduced in that chapter and a number of specimen

examination questions There is a companion website for

the book at www.mylawchamber.co.uk/keenanriches,

which features regular updates on the law so that

lec-turers and students will remain up to date with new

legislative and case developments The website also

pro-vides selected outline answers to the self-test questions

in the book Lecturers who adopt the book can also

access masters of diagrams and forms in the book and

outline answers to the specimen examination questions

The rate of legal change has continued apace since thelast edition The text has been thoroughly updated toincorporate changes in business law, especially the following:

■ New developments in consumer protection law, cluding the Consumer Protection from Unfair TradingRegulations 2008

in-■ Expansion of the treatment of the tort of negligence

to include the development of the law in relation ility for nervous shock

to describe the person with a complaint, even thoughthe person was described as ‘plaintiff ’ before the changes

in civil procedure on 26 April 1999

In December 2007 we were saddened to learn of the

death of Denis Keenan, who had co-authored Business

Law for eight editions over a 20 year period Denis made

an enormous contribution to legal education tions of students are indebted to him for his clear ex-position of complex legal ideas We wish to thank MaryKeenan for her generous support for the continued

Genera-publication of new editions of Business Law.

In conclusion, Sarah Riches extends her thanks toCiaran and Brian McCaughey and Vida Allen would like

to express sincere thanks to her family for their support.Our thanks go to those who were closely involvedwith this edition, in particular Zoë Botterill, KatherineCowdrey, Elizabeth Rix, Gail Capper and other mem-bers of staff at Pearson Education Our thanks also go tothose who set, printed and bound the book For errorsand omissions we are, of course, solely responsible

Sarah Riches Vida Allen

Legal study skills

Business Law is designed to provide a clear, easy to

understand text for those who are new to the study of

law or who may be studying law as part of a more general

Business course We recognise that embarking on legal

study for the first time may be a frightening prospect,

but if you read this section before starting your studies

you may find things a little easier We have five useful

study skills tips for success in law Some of the tips

cov-ered in this section relate specifically to the study of law,

but others can be applied to a range of subjects We can’t

guarantee success if you follow the tips – that’s largely up

to the amount of effort you put into your studies – but

we believe that if you adopt a few of our suggestions you

will find studying law easier and possibly even enjoyable

Study skills tips

Law module or unit A syllabus is a statement about a

course of study It usually includes an outline of the

topics to be covered in the course, the learning

object-ives, the methods of assessment and an indicative

read-ing list Business law is a general title for a wide range of

modules and units which cover the law relating to

busi-ness We have tried to cover many of the topics covered

in ‘Business Law’ courses in our textbook but there are

some topics which we cover in outline only (e.g law of

agency) or do not cover at all (e.g the law of

interna-tional trade) Our focus is on the introductory aspects of

English law and the English legal system; the law relating

to business organisations, namely sole traders,

partner-ships and companies; legal aspects of business

transac-tions, covering contract, tort, sale and supply of goods,

consumer law and criminal liability in the context of

business; the law relating to business resources,

includ-ing an outline of the law governinclud-ing the use of business

property and employment law

At the start of each chapter we have set out the

learn-ing objectives of that chapter A learnlearn-ing objective is

a statement of what you should understand when you

have completed the chapter You may find it useful to

match the learning objectives of each chapter against the

syllabus for your Business Law course This will help you

to identify and concentrate your efforts on the sections

of Business Law which are directly relevant to your

course of study

The learning time for a module or unit can be divided

up into time where you have direct contact with a tutor,

either in the form of lectures, seminars and tutorials,

and personal study time, which can be used to prepare

for classes, read more widely on a topic, complete sessments or prepare for exams Although the balancebetween tutor-led and personal study may vary con-siderably depending on the level and method of delivery,

as-it is important to understand that both kinds of learningare crucial for success Let’s explore these differentlearning methods in more detail

tutor will probably be divided up into:

intro-ducing a topic, outlining the main legal principlesand their source, e.g legislation, case law You will beexpected to take notes of what your tutor says andyou should try to develop a system of abbreviatingkey words and phrases to save you time, e.g cl for

‘claimant’ or def for ‘defendant’

play a much more active role in proceedings They aredesigned to increase your understanding of a topic bysetting you tasks or questions which you must re-search in advance The seminar may take the form of

a group discussion led by your tutor on pre-preparedquestions or you may be asked to present a topic andlead the resulting discussion You will get the mostout of this kind of learning if you prepare the topicthoroughly by reading over your lecture notes,reviewing the relevant chapter of your textbook andresearching primary and secondary sources of infor-mation (A primary source of information is an Act ofParliament or a decided case; a secondary source ofinformation is a textbook or journal articles.)

■ Tutorials; you may get an opportunity for a

one-to-one discussion with your tutor, either to discuss your

general progress or perhaps to get feedback on

assessed work Make the most of any tutorial sessions

offered, particularly if you are having difficulty

understanding any aspects of a topic Your tutor may

be able to explain the concept or principle in a

differ-ent way or may be able to direct you to other texts or

sources of information

about the amount of time you need to spend outside of

class time for personal study This time can be used for

preparing for:

■ lectures, by reading in advance the chapter in your

textbook or other materials provided by your tutor

on the topic in question;

■ seminars, by reading about the topic in more depth or

exploring related topics, or by preparing answers to

problem questions;

■ assessment, by researching primary and secondary

sources of information, to help you develop your

answer for an assignment, or by revising topics for

examinations

It is better to set aside a regular amount of time each

week for personal study rather than trying to make up

for lost time just before an assessment

modules or units may either be in the form of in-course

assignments or examinations Whatever the method of

assessment, there are some simple rules to remember

■ Read the instructions very carefully If in an exam you

are asked to answer three questions including one from

Section A and one from Section B, and you answer

four questions from Section A, you will only receive

marks for two of your answers Similarly, if an

assign-ment brief asks you to write no more than 2,000 words,

and you submit a ‘brilliant’ answer but in 4,000 words,

you should not be surprised if you are penalised If

you are asked to write a report or draft a letter, then it

is likely that there will be marks allocated for setting

your answer out in the requested format

■ Work out how much time you have to complete the

assessment If you are given a number of weeks to

complete an in-course assessment, don’t wait until

the last minute to start work on your submission You

will need to do some background research and time

to absorb the information and understand how toapply it to the assignment brief You may need towork on several drafts of your answer before youhand it in In an exam, you should work out howmuch time you can afford to spend on each questionand leave some time at the end to read through youranswer Try to stick to the time you’ve allocated your-self otherwise you may find you’ve run out of time

■ Read the question slowly and carefully Identify thekey elements of the question and make brief notes onwhat you know about the topic, e.g main principles

of law, legislation and cases Prepare a plan foranswering the question, marshalling your notes in alogical order You should include an introduction,

a paragraph for each main issue you intend to discuss,and finish with a conclusion

■ Find out the criteria by which you will be assessed Inother words, do you know what the person markingyour work is looking for? Although it is difficult to gen-eralise, the following criteria are likely to be included:– Identification of the main issues or problemsraised by the question/task

– Description of the main principles of law whichapply to the issue or problem, including the defi-nition of key concepts

– Authority for the legal principles, e.g legislation,case law, delegated legislation (You should notrecite the facts of the cases you are using as author-ity, unless the facts are directly relevant to the issue

or problem you are analysing The marker is moreinterested in your understanding of the legal prin-ciples established by the case you have cited thanyour knowledge of the facts.)

– Analysis of the issue or the problem This is youropportunity to show off the results of yourresearch to demonstrate that you have acquired athorough understanding of the topic But makesure you do not stray off the point of the question.– Application of the legal principles to the problem

or issue, so as to reach a conclusion or dation It is more important to explain to themarker how you arrived at your conclusion ratherthan the conclusion itself

recommen-■ Ensure you understand the academic rules and ventions which apply in particular to in-course as-sessments You should always include a bibliographywhich records all the sources of information you used

con-to complete your assignment It is also good practice

to list separately the Acts of Parliament, statutory

instruments and cases you have referred to in your

answer The main body of your answer should include

clear references to and acknowledgements of the

sources of information you have used There are two

main systems of referencing: the numeric or footnote

system and the Harvard or author/date system You

should check with your tutor which system they

would prefer you to use

■ Obtain feedback from your tutor after your work has

been assessed Your tutor may provide you with

writ-ten or oral feedback on the strengths and weaknesses

of your work You should make use of your tutor’s

comments to help you improve your performance for

the next assessment

you There will be a wide range of resources to assist

your studies They include:

■ Your tutor’s lectures and notes

■ Your recommended textbook

■ Other textbooks, either on Business Law, or on

specific aspects of Business Law such as contract or

company law

■ Journals, which may have articles on new

develop-ments in the law or an in-depth analysis of a

particu-lar issue

■ Electronic resources, e.g legal databases such asLexisNexis and LAWTEL, CD-ROMs and the world-wide web We have included references to helpfulwebsites at the end of each chapter You should becareful to confine your searches to English law, unlessyou have been specifically asked to research the inter-national dimension of a topic

■ Your own notes on the topics covered in lectures andseminars

The volume of information now available especially sincethe advent of the world-wide web can seem quite over-whelming Seek advice from your tutor or from yourlibrarian about how to make best use of the resourcesavailable for your module or unit

book is that the law is always changing There is a stant stream of legislation being enacted by Parliamentand cases being decided by the courts You can help keep yourself up to date by reading a quality newspaper,most of which have (weekly) law and (daily) business sections, and by listening to news features on the TV

con-or radio Our companion website fcon-or the book at www.

mylawchamber.co.uk/keenanriches features regularupdates to the law so that you can remain up to date withnew legislation and developments in case law

Case names, citations and law report abbreviations

Case names

Every case which comes before a court is given a name,

based on the names of the parties

would be Carlill (the claimant or plaintiff ) v Carbolic

Smoke Ball Co (the defendant) The ‘v’ is an

abbrevia-tion of ‘versus’ but if you are talking about the case

(rather than writing about it), you would say ‘Carlill and

[the] Carbolic Smoke Ball Company’ or, if it is a

well-known case, ‘Carlill’s case’ If the case is appealed, then

the name of the appellant (the person bringing the

appeal) will come first There are some variations from

the general principle of naming civil cases For example,

in judicial review cases the interests of the state in the

proceedings are reflected in the title, e.g R v Secretary of

State for Employment, ex parte the Equal Opportunities

Commission ‘R’ stands for Regina, Latin for the Queen

(or Rex if there is a King on the throne) and ‘ex parte’

means ‘by or for one party’ In family or probate cases

the case name will usually consist of the family name: for

example, Re McArdle or In re McArdle ‘Re’ means

‘in the matter of ’ If the case involves a ship, then it is

usually known by the name of the vessel: for example,

The Moorcock.

brought in the name of the Crown and this is reflected

in the name of the case: for example, R (the prosecutor)

v Brown (the accused or defendant) ‘R’ stands for Regina,

the Queen, or Rex, the King If you were speaking about

the case you would refer to it as ‘The Crown againstBrown’ or simply ‘Brown’ Sometimes the cases will bebrought by the Law Officers (the Attorney-General andSolicitor General) or the Director of Public Prosecutions,and this will be reflected in the name of the case: for

example, A-G v Brown or DPP v Brown.

When you are referring to cases in your written workyou should make the case name stand out by usingunderlining, bold or, as we have done in this textbook,

putting the name in bold italics.

Citations

When we have referred to cases in the main body of thetext we have just used the case name and the date of thecase If you look at the Table of cases, you will see that inaddition to the case name we have also given you a lawreport reference which will enable you to read the fullreport of the case These references are known as casecitations The box below explains the different elements

of the citation for Lewis v Averay [1971] 3 All ER 907.

The increased availability of case reports via theInternet has led to the introduction of a neutral citationsystem for England and Wales and the United Kingdom.The formats for neutral citations are:

■ Court of Appeal – year, court, division, case number:e.g [2006] EWCA Civ 13

■ High Court – year, court, case number, division: e.g.[2006] EWHC 13 (Ch)

[1971] The year will be enclosed in square brackets if it is necessary for finding the case So in this example

the case is reported in the All England Law Reports for 1971 If the report series is not collected in yearsbut is numbered sequentially, the year is given in round brackets as additional information

3 The volume number Some law reports may have two or more volumes each year

All ER This is the abbreviation for the All England Law Reports Other abbreviations are given below

907 The page number where the report of the case starts

A unique case number is allocated to each case There

are no page numbers but paragraph numbers are used

instead to help the reader locate a section of the

judg-ment more precisely A paragraph reference is cited as

Jones v Brown [2006] EWCA Civ 13 at [45] The

abbre-viations for neutral citation are as follows:

UKPC Judicial Committee of the Privy Council

EWCA Civ Court of Appeal Civil Division

EWCA Crim Court of Appeal Criminal Division

EWHC (Admin) High Court (Administrative Court)

EWHC (Admlty) High Court (Admiralty Court)

EWHC (Ch) High Court (Chancery Division)

EWHC (Comm) High Court (Commercial Court)

EWHC (Fam) High Court (Family Division)

EWHC (QB) High Court (Queen’s Bench Division)

EWHC (Pat) High Court (Patents Court)

EWHC (TCC) High Court (Technology and Construction Court)

Law report abbreviations

The following sets out the abbreviations used when

cit-ing the various series of certain law reports which are in

common use, together with the periods over which theyextend:

All ER All England Law Reports 1936–(current)

All ER Rep All England Law Reports Reprint, 36 vols 1558–1935

App Cas Law Reports, Appeal Cases, 15 vols 1875–1890

BCLC Butterworths Company Law Cases 1983–(current)

B & CR Reports of Bankruptcy and Companies Winding-up Cases 1918–(current)

Ch Law Reports Chancery Division 1891–(current)

Fam Law Reports Family Division 1972–(current)

ICR Industrial Court Reports 1972–1974; Industrial Cases Reports 1974 –(current)

IRLB Industrial Relations Law Bulletin 1993–(current)

IRLR Industrial Relations Law Reports 1971–(current)

ITR Reports of decisions of the Industrial Tribunals 1966–(current)

KB Law Reports, King’s Bench Division 1901–1952

LRRP Law Reports Restrictive Practices 1957–(current)

Lloyd LR or Lloyd’s List Law Reports 1919–(current)

Lloyd’s Rep (from 1951)

P Law Reports, Probate, Divorce and Admiralty Division 1891–1971

P & CR Planning and Compensation Reports 1949–(current)

PIQR Personal Injuries and Quantum Reports

QB Law Reports Queen’s Bench Division 1891–1901; 1953–(current)

Sol Jo Solicitors’ Journal 1856–(current)

Tax Cas (or TC) Tax Cases 1875–(current)

We are grateful to the following for permission to

repro-duce copyright material:

Figures

Figure 8.1 from the Consumer Credit Trade

Associ-ation, by kind permission of the Consumer Credit Trade

Association; Figure 8.2 from the Road Haulage

ation Ltd, by permission of the Road Haulage ation Ltd; Figures 13.1, 13.3 from the Consumer CreditTrade Association, by kind permission of the ConsumerCredit Trade Association

Associ-In some instances we have been unable to trace the ers of copyright material, and we would appreciate anyinformation that would enable us to do so

own-Table of cases

A v Hoare and other appeals [2008] UKHL 6 355

A v National Blood Authority [2001] 3 All ER 289 341

Abouzaid v Mothercare (UK) Ltd [2000] All ER (D) 2436

341, 357

Actionstrength Ltd v International Glass Engineering &

Saint-Gobain Glass UK Ltd [2003] 2 All ER 615 228

Adams v Lindsell (1818) 1 B & Ald 681 214

Admiralty Comrs v National Provincial and Union Bank

Algemene Transport-en Expeditie Onderneming van

Gend en Loos NV v Nederlandse

Belastingadministratie Case 26/62 [1963] ECR 1 30, 31

Alidair v Taylor [1977] ICR 446 543

Alpenstow Ltd v Regalian Properties plc [1985] 2 All ER

545 212

Aluminium Industrie Vaassen BV v Romalpa Aluminium

Ltd [1976] 2 All ER 552 311

Anderton v Burnside [1983] 3 All ER 288 368

Andrews v Hopkinson [1956] 3 All ER 422 222

Andrews Bros Ltd v Singer & Co Ltd [1934] 1 KB 17 289

Anglia Television Ltd v Reed [1971] 3 All ER 690 256

Anns v Merton London Borough Council [1977] 2 All ER

492 333

Antal International Ltd, Re [2003] 2 BCLC 406 195

Apple Corps Ltd v Apple Computer Inc [2004] EWHC

768 (Ch) 214

Archibald v Fife Council [2004] IRLR 197 537

Arsenal Football Club plc v Reed [2003] 3 All ER 865 440

Arthur Hall and Co v Simons [2000] 3 All ER 673 47, 344

Ashbury Railway Carriage & Iron Co v Riche (1875) LR 7

HL 653 156

Asprey & Garrard Ltd v WRA (Guns) Ltd [2001] All ER

(D) 163 (Oct) 99, 118, 155

Associated Society of Locomotive Engineers & Firemen v

United Kingdom (Application No 11002/05) [2007]IRLR 361 478

Association of Certified Public Accountants of Britain

v Secretary of State for Trade and Industry [1998]

1 WLR 164 154

Astley v Celtec Ltd [2006] 4 All ER 27 458

Aston Cantlow and Wilmcote with Billesley Parochial

Church Council v Wallbank [2003] 3 All ER 1213 39

Atlas Express Ltd v Kafco (Importers and Distributors)

Ltd [1989] 1 All ER 641 239

Visit the Business Law, 9 th

edition mylawchamber site at

www.mylawchamber.co.uk/richesto access unique online support to improve

your case reading and analysis skills

Case Navigator provides:

should have grasped

for seminars and discussions

Please note that access to Case Navigator is free with the purchase of this book, but you must register with us for access

Full registration instructions are available on the website The LexisNexis element of Case Navigator is only available to those who currently subscribe to LexisNexis Butterworths online.

Attorney-General v Lindi St Clair (Personal Services) Ltd

Attwood v Small (1838) 6 Cl & Fin 232 237

Avery v Bowden (1855) 5 E & B 714 253

Avraamides v Colwill [2006] EWCA Civ 1533 223

BDG Roof-Bond Ltd v Douglas [2000] 1 BCLC 40 164

BTC v Gourley [1955] 3 All ER 796 563

Badger v Ministry of Defence [2006] 3 All ER 173 353

Baird Textile Holdings Ltd v Marks and Spencer [2002]

1 All ER (Comm) 737 220, 280

Baker v James Bros and Sons Ltd [1921] 2 KB 674 500

Baker v Kaye [1997] IRLR 219 529, 530

Baldry v Marshall [1925] 1 KB 90 289

Bank of Scotland v Henry Butcher & Co [2001] 2 All ER

(Comm) 691, Ch D; affirmed [2003] 2 All ER (Comm)

557, CA 119, 120

Barber v Guardian Royal Exchange Assurance Group

[1990] 2 All ER 660 481, 484

Barber v RJB Mining (UK) Ltd [1999] All ER (D) 244 515

Barber v Somerset County Council [2004] 2 All ER 385

508, 566

Barcabe v Edwards [1983] CCLR 11 396

Barclays Bank plc v RBS Advanta [1996] RPC 307 441

Baring v Dix (1786) 1 Cox 213 131

Barker v Saint Gobain Pipelines plc [2006] 3 All ER 785

Bartlett v Sidney Marcus Ltd [1965] 2 All ER 753 307

Barton v Armstrong [1975] 2 All ER 465 239

Barton v Investec Henderson Crosthwaite Securities Ltd

[2003] ICR 1205 534

Baster v London and County Printing Works [1899] 1 QB

901 564

Batchelor v Marlow (2000) The Times, 7 June 423

Beale v Taylor [1967] 3 All ER 253 304

Beckham v Peterborough United Football Club (2003)

(unreported) 439

Bell v Lever Bros Ltd [1932] AC 161 127, 231, 232

Bentley v Craven (1853) 18 Beav 75 128

Bernstein v Pamson Motors (Golders Green) Ltd [1987]

Blisset v Daniel (1853) 10 Hare 493 126, 127

Bloomberg Financial Markets v Cumandala [2000] IRLR

636 522

Bohon-Mitchell v Council of Legal Education [1978] IRLR

525 523

Bollinger v Costa Brava Wine Co Ltd [1959] RPC 150 441

Bolton v Mahadeva [1972] 2 All ER 1322 250

Bolton v Stone [1951] AC 850 335

Bolton School v Evans [2006] All ER (D) 198 (Nov);

[2006] EWCA Civ 1653 492

Boorman v Allmakes [1995] IRLR 553 550

Booth v United States of America [1999] IRLR 16 460, 465

Bossa v Nordstress [1998] IRLR 284 521

Bourhill or Hay v Young [1942] 2 All ER 396 334

Boychuk v H J Symonds (Holdings) Ltd [1977] IRLR 395

543, 552

Brace v Calder [1895] 2 QB 253 257, 558

Bramhill v Edwards [2004] 2 Lloyd’s Rep 653 307

Braymist Ltd v Wise Finance Co Ltd [2002] 2 All ER 333

British Sulphur v Lawrie (1987) (unreported) 543

British Telecommunications plc v One in a Million Ltd

[1998] 4 All ER 476 156

British Telecommunications v Ticehurst [1992] BCLC 383

466

Britt v Galmoye & Nevill (1928) 44 TLR 294 495

Britvic Soft Drinks Ltd v Messer UK Ltd [2002] 2 All ER

(Comm) 321 292

Brogden v Metropolitan Railway Co (1877) 2 App Cas 666

Burton v De Vere Hotels Ltd (1997) 563 IRLB 11 531

Bushwall Properties Ltd v Vortex Properties Ltd [1976]

C & P Haulage v Middleton [1983] 3 All ER 94 256

Cakebread v Hopping Brothers (Whetstone) Ltd [1947]

1 All ER 389 501

Cambiero v Aldo Zilli (1998) 586 IRLB 11 479

Cambridge and District Co-operative Society Ltd v Ruse

Capital Finance Co Ltd v Bray [1964] 1 All ER 603 399

Capper Pass v Lawton [1976] IRLR 366 481

205, 207, 210, 211, 213, 226, 265, 326, 327, 329, 411

Carmichael v National Power plc [2000] IRLR 43 456

Carroll v Bird (1800) 3 Esp 201 486

Casey’s Patents, Re, Stewart v Casey [1892] 1 Ch 104 216

Cassidy v Ministry of Health [1951] 1 All ER 574 337

Catherall v Michelin Tyre [2003] ICR 28 538

Cavendish-Woodhouse Ltd v Manley [1984] LGR 376

304

Cehave NV v Bremer Handelsgesellschaft mbH

(The Hansa Nord) [1975] 3 All ER 739 283

Cellulose Acetate Silk Co Ltd v Widnes Foundry Ltd

Cerberus Software Ltd v Rowley [1999] IRLR 690 563

Chapelton v Barry Urban District Council [1940] 1 All ER

356 287

Chappell & Co Ltd v Nestlé Co Ltd [1959] 2 All ER 701

217

Charge Card Services Ltd, Re [1988] 3 All ER 702 387

Charter v Sullivan [1957] 1 All ER 809 319

Cheesman v Price (1865) 35 Beav 142 130

Chida Mines Ltd v Anderson (1905) 22 TLR 27 188

Churton v Douglas (1859) 28 LJ Ch 841 131

Clarke v TDG Ltd (t/a Novacold) [1999] 2 All ER 977 535

Clay Cross (Quarry Services) Ltd v Fletcher [1979] 1 All

Clifton v Palumbo [1944] 2 All ER 497 209

Coales v John Wood (Solicitors) [1986] IRLR 129 461, 479

Cobb v Great Western Rly Co [1894] AC 419 332

Cobley v Forward Technology Industries plc [2003] ICR

1050 546

Coca-Cola Trade Marks [1986] 2 All ER 274 439

Coleman v Attridge Law [2008] All ER (EC) 1105 536

Coleman v Skyrail Oceanic Ltd (1981) 131 NLJ 880 522

Colley v Corkindale, t/a Corkers Lounge Bar [1995] ICR

Collier v P & M J Wright (Holdings) Ltd [2007] EWCA

Civ 1329 220

Collier v Sunday Referee [1940] 2 KB 647 484

Collins v Godefroy (1831) 1 B&Ad 950 217

Combe v Combe [1951] 1 All ER 767 219

Commercial Plastics Ltd v Vincent [1964] 3 All ER 546

Confetti Records (a firm) v Warner Music UK Ltd

(trading as East West Records) [2003] EWHC 1274(Ch) 213

Conlon v Simms [2006] 2 All ER 1024 127

Connolly v Sellers Arenascene Ltd (2000) The Times, 8

March 453

Connor v Kwik Fit Insurance Services 1997 SC 19 557, 561

Consorzio del Prosciutto di Parma v Asda Stores Ltd Case

C-108/01 [2003] ECR I–5121 32

Cook v Broderip (1968) 112 SJ 193 431

Coote v Granada Hospitality Ltd [1999] 3 CMLR 334 454

Cope v Rowlands (1836) 2 M&W 149 243

Cornelius v Manpower Services Commission (1986)

(unreported) 531

Corr v IBC Vehicles [2008] 2 All ER 943 502

Costa v ENEL Case 6/64 [1964] ECR 585 31

Cotronic (UK) Ltd v Dezonie [1991] BCC 200 150

Coulthard v Neville Russell [1998] BCLC 143 345

Coutts & Co v Browne-Lecky [1946] 2 All ER 207 230

Couturier v Hastie (1856) 5 HL Cas 673 232, 251

Cowern v Nield [1912] 2 KB 419 230

Cox v Coulson [1916] 2 KB 177 113

Cox v Hickman (1860) 8 HL Cas 268 114

Craven Textile Engineers Ltd v Batley Football Club Ltd

[2001] BCC 679 183

Craven-Ellis v Canons Ltd [1936] 3 All ER 1066 260

Crehan v Inntrepreneur Pub Co [2003] EWHC 1510 (Ch)

244

Croft v Day (1843) 7 Beav 84 118

Crofter Hand Woven Harris Tweed Co Ltd v Veitch

[1942] 1 All ER 142 351

Crouch v British Rail Engineering Ltd [1988] IRLR 404

501

Cundy v Lindsay (1878) 3 App Cas 459 233, 234, 313

Curtis v Chemical Cleaning and Dyeing Co [1951]

1 All ER 631 287

Cutler v United Dairies (London) Ltd [1923] 2 KB 297

499

Cutter v Powell (1795) 6 Term Rep 320 250

D & C Builders Ltd v Rees [1965] 3 All ER 837 220

Davidge v Bunnett [1984] Crim LR 297 370

Davies v Sumner [1984] 3 All ER 831 305, 402

Davis Contractors Ltd v Fareham Urban District Council

[1956] 2 All ER 145 252

Day Morris Associates v Voyce [2003] EWCA Civ 189

213

De Beers Abrasive Products Ltd v International General

Electric Co of New York Ltd [1975] 2 All ER 599 441

Deakin v Faulding (2001) 98(35) LSG 32 175

Defrenne v Sabena [1976] ECR 455 32

Degnan v Redcar and Cleveland Borough Council [2005]

Derry v Peek (1889) 14 App Cas 337 237

Deyong v Shenburn [1946] 1 All ER 226 484

Dickinson v Dodds (1876) 2 Ch D 463 209, 210

Dimond v Lovell [2000] 2 All ER 897 389

Director General of Fair Trading v First National Bank

Dooley v Leyland Vehicles Ltd [1986] IRLR 36 554

Douglas v Hello! Ltd [2003] 1 All ER 1087; [2005] 4 All

ER 128 443

Dresden Estates Ltd v Collinson [1987] 1 EGLR 45 425

Driskel v Peninsular Business Services Ltd [2000] IRLR

Dulieu v White & Sons [1901] 2 KB 669 333

Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor

Dyson Appliances Ltd v Hoover Ltd [2001] RPC 26 432

EC Commission v United Kingdom [1982] IRLR 333 33

EC Commission v United Kingdom (Re Tachographs)

[1979] 2 CMLR 45 32

Eagland v British Telecom plc [1992] IRLR 323 461

Eagle (by her litigation friend) v Chambers [2003] EWCA

Eclipse Blinds v Wright [1992] IRLR 133 546, 555

Eddy v Niman (1981) 73 Cr App 237 368, 369

Edgington v Fitzmaurice (1885) 29 ChD 459 237

Edwards v West Herts Group Hospital Management

Committee [1957] 1 All ER 541 484

Edwinton Commercial Corp v Tsavliris Russ (Worldwide

Salvage and Towage) Ltd, The Sea Angel [2007] EWCA

Entores v Miles Far East Corp [1955] 2 All ER 493 214

Errington v Errington and Woods [1952] 1 All ER 149 211

Essell v Hayward (1860) 30 Beav 130 129

Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd

[1967] 1 All ER 699 84, 85, 242, 243

Esso Petroleum Co Ltd v Mardon [1976] 2 All ER 5 238

Esso Petroleum Co Ltd v Southport Corporation [1955]

3 All ER 864 354

Etam plc v Rowan [1989] IRLR 150 520

Euroguard Ltd v Rycroft (1993) 477 IRLIB 5 554

European Commission v United Kingdom Case C-484/04

Faccenda Chicken Ltd v Fowler [1986] 1 All ER 617 242

Factortame Ltd v Secretary of State for Transport (No 2)

Financings Ltd v Stimson [1962] 3 All ER 386 211

Fisher v Bell [1960] 3 All ER 731 21, 206

Fisher v Hoopoe Finance Ltd [2005] All ER (D) 51 (Jun)

553

Fitch v Dewes [1921] 2 AC 158 242

Fitzpatrick v British Railways Board [1992] ICR 221 545

Foakes v Beer (1884) 9 App Cas 605 218

Foley v Classique Coaches Ltd [1934] 2 KB 1 280, 300

Folkes Group plc v Alexander [2002] 2 BCLC 254 161

Ford Motor Co v Armstrong (1915) 31 TLR 267 254

Forster v Cartwright Black [2004] ICR 1728 476

Forster & Sons Ltd v Suggett (1918) 35 TLR 87 241, 242, 490

Foss v Harbottle (1843) 2 Hare 461 176, 178, 187

Foster v British Gas plc [1991] 2 All ER 705 33

Foster v Charles (1830) 1 Bing 105 486

Foster v Driscoll [1929] 1 KB 470 241

Foster Bryant Surveying Ltd v Bryant [2007] EWCA Civ

200 186

Foxley v United Kingdom (2000) 8 BHRC 571 104

Foxtons Ltd v Pelkey Bicknell [2008] EWCA Civ 419 271

Francis v Boots the Chemist Ltd [1998] 586 IRLB 11 544

Francovich and Bonifaci v Italy Cases C-6/90 and C-9/90

[1991] ECR I-5357 33

Fraser v HLMAD Ltd [2007] 1 All ER 383 561

Freeman & Lockyer v Buckhurst Park Properties Ltd

Froom v Butcher [1975] 3 All ER 520 353

Fuller v Stephanie Bowman [1977] IRLR 7 552

GE Capital Bank Ltd v Rushton [2005] EWCA Civ 1556

314

Gafford v Graham [1998] 142 Sol Jo LB 199 426

Gallagher v Alpha Catering Services Ltd (t/a Alpha Flight

Services) [2004] EWCA Civ 1559; [2005] ICR 673 514

Gardiner v Sevenoaks RDC [1950] 2 All ER 84 21

Gateway Hotels Ltd v Stewart [1988] IRLR 287 547

Generale Bank Nederland NV v Export Credits Guarantee Department (1997) The Times, 4 August 497

Gibson v Manchester City Council [1979] 1 All ER 972

209

Gilford Motor Co Ltd v Horne [1933] Ch 935 77

Glasbrook Bros Ltd v Glamorgan County Council [1925]

AC 270 217

Glasgow Corporation v Taylor [1922] 1 AC 44 430

Godley v Perry [1960] 1 All ER 36 309, 325

Goldberg v Jenkins (1889) 15 VLR 36 119

Golden Strait Corpn v Nippon Yusen Kubishika Kaisha,

The Golden Victory [2007] UKHL 12 257

Grant v Australian Knitting Mills Ltd [1936] AC 85 308,

Greenaway v Greenaway (1940) 84 Sol Jo 43 126

Gregory v Ford [1951] 1 All ER 121 490

Griffiths v Peter Conway Ltd [1939] 1 All ER 685 308

Grist v Bailey [1966] 2 All ER 575 235

Hadley v Baxendale (1854) 9 Exch 341 255

Halford v United Kingdom [1997] IRLR 471 489

Hall v Woolston Hall Leisure [2000] 4 All ER 787 456

Hallam Diocese Trustee v Connaughton [1996] IRLR 505

Hardie v CD Northern Ltd [2000] IRLR 87 538

Hare v Murphy Bros [1974] 3 All ER 940 251, 558

Harling v Eddy [1951] 2 All ER 212 283

Harlingdon & Leinster Enterprises Ltd v Christopher Hull

Fine Art Ltd [1990] 1 All ER 737 304

Harmer (H R), Re [1959] 1 WLR 62 178

Harris v Nickerson (1873) LR 8 QB 286 207

Harris v Sheffield United Football Club [1987] 2 All ER

838 217

Harrison v Kent County Council [1995] ICR 434 486

Harrison v Tennant (1856) 21 Beav 482 131

Harrods Ltd v Remick; Harrods Ltd v Seely; Elmi v

Harrods [1996] ICR 846 530

Hartley v Ponsonby (1857) 7 EL & BL 872 218

Harvela Investments Ltd v Royal Trust Co of Canada Ltd

Hatton v Sutherland [2002] 2 All ER 1 508

Havering London Borough Council v Stevenson [1970]

Healy v Howlett & Sons [1917] 1 KB 337 310

Heasmans v Clarity Cleaning [1987] IRLR 286 498, 499

Heather v Leonard Cheshire Foundation [2002] 2 All ER

Herbert Morris Ltd v Saxelby [1916] 1 AC 688 242

Herne Bay Steam Boat Company v Hutton [1903] 2 KB

879 252

Herschtal v Stewart & Arden Ltd [1940] 1 KB 155 337

Heydon’s Case (1584) 3 Co Rep 7a 21

Hickman v Kent or Romney Marsh Sheepbreeders’

Association [1915] Ch 881 159

High Trees Case, see Central London Property Trust Ltd v

High Trees House Ltd—

Higgins v Beauchamp [1914] 3 KB 1192 120

Hill Samuel Services Group Ltd v Nwauzu [1994] 507

IRLB 14 455

Hill v Chapell [2003] IRLR 19 515, 516

Hillas & Co Ltd v Arcos Ltd (1932) 38 Com Cas 23 280

Hirachand Punamchand v Temple [1911] 2 KB 330 219

Hochster v De la Tour (1853) 2 E & B 678 253

Hodgkinson & Corby v Wards Mobility Services [1994]

1 WLR 1564 439

Hoenig v Isaacs [1952] 2 All ER 176 250

Hollier v Rambler Motors (AMC) Ltd [1972] 1 All ER 399

Holmes v Ashford [1950] 2 All ER 76 337

Holwell Securities Ltd v Hughes [1974] 1 All ER 161 215

Home Counties Dairies v Skilton [1970] 1 All ER 1227

Hudgell Yeates & Co v Watson [1978] 2 WLR 661 116,

129

Hurst v Bryk [2000] 2 All ER 193 130

Hutton v Warren (1836) 1 M & W 466 285

Hyde v Wrench (1840) 3 Beav 334 209, 212

IFE Fund SA v Goldman Sachs International [2007]

International Transport Roth GmbH v Secretary of State

for the Home Department [2002] EWCA Civ 158 38

JEB Fasteners Ltd v Marks, Bloom & Co [1983] 3 All ER

Jackson v Horizon Holidays Ltd [1975] 3 All ER 92 221

James v Kent & Co Ltd [1950] 2 All ER 1099 181, 563

Jarrett v Barclays Bank plc; Jones v First National Bank

plc; Peacock v First National Bank plc [1999] QB 1,

[1997] 2 All ER 484 395

Jarvis v Swans Tours [1973] 1 All ER 71 255, 410

Jenice Ltd and others v Dan [1993] BCLC 1349 155

Jennings v Baddeley (1856) 3 K & J 78 131

John Munroe (Acrylics) Ltd v London Fire Brigade & Civil

Defence Authority [1997] 2 All ER 865 333

Johnson v Timber Tailors (Midlands) [1978] IRLR 146

522

Jones v Brown [2006] EWCA Civ 13 xx

Jones v Lloyd (1874) LR 18 Eq 265 128

Jones v Tower Boot Co Ltd [1997] 2 All ER 406 531

Judge v Crown Leisure Ltd [2005] IRLR 823 227

Junior Books Ltd v Veitchi Co Ltd [1982] 3 All ER 201

339

Junk v Kuhnel Case C-188/03 [2005] IRLR 310 556

Kapadia v Lambeth London Borough Council [2000]

IRLR 14 530, 535

Kapfunde v Abbey National plc [1998] IRLR 583 530

Kay v London Borough of Lambeth; Leeds City Council v

Price [2006] All ER (D) 120 (Mar) 24

Kelly v Hampshire Constabulary (1997) (unreported) 537

Kennaway v Thompson [1980] 3 All ER 329 348

Kent v Griffiths (No 3) [2000] 2 All ER 474 333

Ketley (A) Ltd v Scott [1981] ICR 241 396

Khan v Miah [2001] 1 All ER 20 111, 112

Kigass Aero Components v Brown [2002] ICR 697 514, 515

Kilvert v Flackett [1998] 2 Fam Law 582 104

Kirk v British Sugar plc (1998) January (unreported,

Nottingham Employment Tribunal) 539

Kleinwort Benson Ltd v Lincoln City Council [1998] 4 All

ER 513 232, 236, 260

Kleinwort Benson Ltd v Malaysian Mining Corporation

Bhd [1989] 1 All ER 785 226

Kowalski v The Berkeley Hotel [1985] IRLR 40 544, 552

Kreglinger v New Patagonia Meat and Cold Storage Co

Ltd [1914] AC 25 85

Krell v Henry [1903] 2 KB 740 252

Kushler, Re [1943] 2 All ER 22 192

Ladele (Lillian) v London Borough of Islington [2008]

UKEAT 0453/08/1912; [2009] All ER (D) 100 (Jan)

533

L’Estrange v Graucob [1934] 2 KB 583 286

Lally and Weller v George Bird (1980) (unreported) 294

Lambert v HTV Cymru (Wales) Ltd [1998] EMLR 629

280

Lasertop Ltd v Webster (1997) 572 IRLB 14 520

Laughton v Bapp Industrial Supplies Ltd [1986] ICR 634

Lawton v BOC Transhield Ltd [1987] 2 All ER 608 486

Leaf v International Galleries [1950] 1 All ER 693 232, 239

Lewis v Averay [1971] 3 All ER 907 xix, 234, 239, 313

Lewis v Six Continents plc [2005] EWCA Civ 1805 430

Lexi Holdings Plc (In Administration) v Luqman [2007]

EWHC 2652 (Ch) 185

Lightfoot v D & J Sporting Ltd [1996] IRLR 64 455

Limpus v London General Omnibus Co (1862) 1 H & C

526 497

Linden Garden Trust Ltd v Lenesta Sludge Disposals Ltd

[1993] 3 All ER 417 222

Lister v Hesley Hall Ltd [2001] 2 All ER 769 495

Lister v Romford Ice and Cold Storage Co Ltd [1957]

1 All ER 125 485

Lloyd v Grace, Smith & Co [1912] AC 716 497

Lloyds Bank v Bundy [1974] 3 All ER 757 240

Lobb (Alec) (Garages) Ltd v Total Oil (GB) Ltd [1985]

Lonrho plc v Fayed [1991] 3 All ER 303 351

Loscombe v Russell (1830) 4 Sim 8 130

Loutchansky v Times Newspapers Ltd and others (No 2)

[2002] EWHC 2726 (QB) 351

Lovell v Blundells and Crompton & Co Ltd [1944]

2 All ER 53 500

Lovell and Christmas v Beauchamp [1894] AC 607 117

Lovett v Wigan Metropolitan Borough Council [1999]

EWCA Civ 1932 462

Luce v Bexley London Borough Council [1990] IRLR 422

478

Lumley v Gye (1853) 2 E & B 216 351

M & J Polymers Ltd v Imerys Minerals Ltd [2008] EWHC

McArdle, Re [1951] 1 All ER 905 xix, 216

Macarthys Ltd v Smith [1979] 3 All ER 325 34, 480, 483

MacCulloch & Wallis Ltd v Moore (2003) EAT/51/02/TM

476

MacDonald v Attorney-General for Scotland and Pearce v

Governing Body of Mayfield School [2003] UKHL 34;

[2004] 1 All ER 339 531

McGuigan v T & G Baynes (1999) 622 IRLB 11 556

McLoughlin v O’Brian [1982] 2 All ER 298 334

McRae v Commonwealth Disposals Commission (1951)

Marleasing SA v La Comercial Internacionale de

Alimentacion SA: C-106/89 [1990] ECR I-4135 33

Marley v Forward Trust Group Ltd [1986] IRLR 369 461

Marshall v Industrial Systems and Control Ltd [1992]

IRLR 294 544

Marshall v Southampton & SW Hampshire Area Health

Authority (No 2) Case C-271/91 [1993] 4 All ER 586

35

Marshall v Southampton & SW Hampshire Area Health

Authority (Teaching) [1986] 2 All ER 584 33, 35

Marshalls Clay Products Ltd v Caulfield [2003] IRLR 552

Mawdsley v Cosmosair plc [2002] EWCA Civ 587 413

Meah v Roberts [1978] 1 All ER 97 365

Mears v Safecar Security [1982] 2 All ER 865 469

Meikle v McPhail (Charleston Arms) [1983] IRLR 351

547, 555

Mercantile Credit Co Ltd v Garrod [1962] 3 All ER 1103

119, 123

Merritt v Merritt [1970] 2 All ER 760 227

Mersey Docks and Harbour Board v Coggins & Griffiths

(Liverpool) Ltd [1946] 2 All ER 845 453

Microbeads v Vinhurst Road Markings Ltd [1975]

1 All ER 529 303

Midtown Ltd v City of London Real Property Co Ltd;

Joseph v City of London Real Property Ltd [2005]

EWHC 33 (Ch) 423

Miles v Clarke [1953] 1 All ER 779 124

Miles v Gilbank [2005] UKEAT/0396/05/MAA, EAT;

affirmed [2006] EWCA Civ 543 534

Miles v Wakefield Metropolitan District Council [1987]

1 All ER 1089 466

Miliangos v George Frank (Textiles) Ltd [1976] 3 All ER

801 23

Millars of Falkirk Ltd v Turpie (1976) SLT (Notes) 66 306

Miller v Hamworthy Engineering Ltd [1986] IRLR 461

466

Miller v Harry Thornton (Lollies) Ltd [1978] IRLR 430

477

Ministry of Defence v Cannock [1994] IRLR 509 539

Mitchell (George) (Chesterhall) Ltd v Finney Lock Seeds

Ltd [1983] 2 All ER 737 292

Moorcock, The (1889) 14 PD 64 xix, 285

Moore & Co and Landauer & Co, Re [1921] 2 KB 519 304

Morgan v Morgan Insurance Brokers Ltd [1993] BCLC

Morris v Murray [1990] 3 All ER 801 352

Moss v Elphick [1910] 1 KB 846 128

Mountford v Scott [1975] 1 All ER 198 210

Mugford v Midland Bank plc (1997) 568 IRLB 13 555

Muir v Keay (1875) LR 10 QB 594 21

Muirhead v Industrial Tank Specialities Ltd [1985]

3 All ER 705 339

Mullins v Laughton [2003] 4 All ER 94 130

Mulvaney v Gough [2003] 4 All ER 83 423, 424

Munkenbeck & Marshall v Harold [2005] EWHC 356

(TCC) 297

Murphy v Bord Telecom Eireann [1988] IRLR 267 482

Murray v Foyle Meats Ltd [1999] 3 All ER 769 551, 552

Murray v LeisurePlay Ltd [2005] IRLR 946 254

Nash v Inman [1908] 2 KB 1 229

National Coal Board v Galley [1958] 1 All ER 91 564

National Employers Mutual Insurance Association Ltd v

Net Book Agreement, Re [1962] 3 All ER 751 245

New Zealand Shipping Co Ltd v A M Satterthwaite & Co

Ltd (The Eurymedon) [1974] 1 All ER 1015 289

Newspaper Licensing Agency v Marks and Spencer plc

(2000) The Times, 15 June 435

Newtons of Wembley Ltd v Williams [1964] 3 All ER 532

313

Nicolene Ltd v Simmonds [1953] 1 All ER 822 281

Noakes & Co Ltd v Rice [1902] AC 24 85

North East Coast Ship Repairers v Secretary of State for

Employment [1978] IRLR 149 552

North Ocean Shipping Co Ltd v Hyundai Construction

Co Ltd [1978] 3 All ER 1170 239

Norton Tool Co v Tewson [1973] 1 All ER 183 551

Nottingham Patent Brick and Tile Co v Butler (1886) 16

QBD 778 236

Nottinghamshire County Council v P [1992] ICR 706 543

OBG Ltd v Allan; Douglas v Hello! Ltd (No 3);

Mainstream Properties Ltd v Young [2007] UKHL 21

351

O’Neill v Symm & Co Ltd [1998] IRLR 233 535, 537

Office of Fair Trading v Abbey National plc [2008] EWHC

Olley v Marlborough Court Ltd [1949] 1 All ER 127 287

Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound) [1961]

Panesar v Nestlé Co Ltd [1980] IRLR 64 523

Pankhania v London Borough of Hackney [2002] All ER

Partridge v Crittenden [1968] 2 All ER 421 207

Payne v Cave (1789) 3 Term Rep 148 207

Pearce v Brooks (1866) LR 1 Exch 213 240

Pender v Lushington (1877) 6 ChD 70 159

Pepper v Hart [1993] 1 All ER 42 22

Peyton v Mindham [1971] 3 All ER 1215 128, 129

Pfizer Ltd v Eurofood Link (UK) Ltd [1999] All ER (D)

1412; [2001] FSR 17 442

Pharmaceutical Society of Great Britain v Boots Cash

Chemists (Southern) Ltd [1953] 1 All ER 482 206

Phillips v Brooks [1919] 2 KB 243 233, 234

Phillips Products Ltd v Hyland [1987] 2 All ER 620 293

Phonogram Ltd v Lane [1981] 3 All ER 182 150

Photo Production Ltd v Securicor Transport Ltd [1980]

1 All ER 556 290

Pickfords Ltd v Celestica Ltd [2003] EWCA Civ 1741 210

Pickin v British Railways Board [1974] 1 All ER 609 18

Pickstone v Freemans plc [1986] ICR 886 482

Pilling v Pilling (1887) 3 De GJ & S 162 123

Pinnel’s Case (1602) 5 Co Rep 117a 218, 220, 221

Pitman Training Ltd v Nominet UK [1997] CLY 4875

155, 442

Pitt v PHH Asset Management Ltd [1993] 1 WLR 327

212, 227

Pitts v Jones [2007] EWCA Civ 1301 215

Planché v Colburn (1831) 5 Car & P 58 250, 260

Pocton Industries Ltd v Michael Ikem Horton (2000)

Lawtel CCH, New Law 2000 59503 442, 490

Polkey v A E Dayton Services Ltd [1987] 3 All ER 974 546

Poplar Housing and Regeneration Community

Association Ltd v Donoghue [2001] 4 All ER 604 39

Poppleton v Trustees of the Portsmouth Youth Activities

Committee [2008] EWCA Civ 646 336

Posner v Scott-Lewis [1986] 3 All ER 513 259

Post Office v Foley, HSBC Bank plc (formerly Midland

Bank plc) v Madden [2001] 1 All ER 550 542, 566

Post Office v Liddiard [2001] EWCA Civ 940 544

Post Office v Union of Post Office Workers [1974]

Powerhouse Retail Ltd v Burroughs [2006] IRLR 381 483

Price v Civil Service Commission [1977] 1 WLR 1417 523

Printers & Finishers v Holloway (No 2) [1964] 3 All ER

Qua v John Ford Morrison Solicitors [2003] ICR 482 476

R v Briggs [2003] EWCA Crim 3662 369

R v Brown [1996] 1 All ER 545 xix, 371

R v Rimmington; R v Goldstein [2006] 2 All ER 257 347

R v Secretary of State for Employment, ex parte Equal

Opportunities Commission [1994] 1 All ER 910

R (on the application of Wheeler) v Office of the Prime

Minister [2008] EWHC 1409 (Admin) 36

Raffles v Wichelhaus (1864) 2 H & C 906 232

Rafsanjan Pistachio Producers Co-operative v Kauffmans Ltd (1998) The Times, 12 January 280

Ramsgate Victoria Hotel Co v Montefiore (1866) LR 1

Read v J Lyons & Co Ltd [1946] 2 All ER 471 349

Reaney v Hereford Diocesan Board of Finance (2007)

(unreported) 533

Reardon Smith Line v Yngvar Hanson-Tangen [1976]

3 All ER 570 304

Redgrave v Hurd (1881) 20 ChD 1 237

Redrow Homes Ltd v Bett Brothers plc 1997 SLT 1125 435

Reid v Commissioner of Police of the Metropolis [1973]

2 All ER 97 315

Reyners v Belgium Case 2/74 [1974] ECR 631 32

Richard Jordan, Re (1997) Financial Times, 10 September

(Birmingham Employment Tribunal) 492

Ritchie (J & H) Ltd v Lloyd Ltd [2007] UKHL 9 318

Rigby v Ferodo Ltd (1987) IRLR 516 461, 541

Robb v Green [1895] 2 QB 315 442, 490

Roberts v Gray [1913] 1 KB 520 229

Robertson and Jackson v British Gas Corporation [1983]

IRLR 302 462

Robinson v Graves [1935] 1 KB 579 267

Robinson-Steele v RD Retail Services Ltd; Clarke v Frank

Staddon Ltd; Caulfield v Hanson Clay Products Ltd

(C-131/04 and C-257/04) [2006] All ER (EC) 749 516

Rodway v New Southern Railways Ltd [2005] IRLR 583

475

Rogers v Parish (Scarborough) Ltd [1987] 2 All ER 232 306

Rogers v Vosper Thorneycroft (UK) Ltd [1988] IRLR 22

554

Roles v Nathan [1963] 2 All ER 908 430

Rondel v Worsley [1967] 3 All ER 993 344

Rose and Frank Co v J R Crompton & Brothers Ltd [1923]

2 KB 261 225

Rose v Plenty [1976] 1 All ER 97 496

Ross v Caunters [1979] 3 All ER 580 344

Ross v Telford [1998] 1 BCLC 82 173

Routledge v Grant (1828) 4 Bing 653 210

Rowland v Divall [1923] All ER Rep 270 260, 303, 314

Royal and Sun Alliance Group plc v Payne [2005] IRLR

Royscot Trust Ltd v Rogerson [1991] 3 All ER 294 238

Ruxley Electronics and Construction Ltd v Forsyth [1995]

3 All ER 268 256, 265

Ryan v Mutual Tontine Westminster Chambers

Association [1893] 1 Ch 116 259

Rylands v Fletcher (1868) LR 3 HL 330 330, 331, 348, 349

Saif Ali v Sydney Mitchell & Co [1978] 3 All ER 1033 344

Salomon v Salomon & Co [1897] AC 22 76

Sam Weller, Re [1989] 3 WLR 923 177

Saunders v Anglia Building Society [1971] AC 1004 234,

235

Sayers v Clarke Walker (a firm) [2002] 3 All ER 490 346

Scammell v Ouston [1941] 1 All ER 14 279, 280

Scorer v Seymour Jones [1966] 3 All ER 347 242

Scott (Frank) v Frank Scott (London) Ltd [1940] Ch 794

Serious Fraud Office v Lexi Holdings plc (in

Administration) and M [2008] EWCA Crim 1443 376

Shah v Shah [2001] 4 All ER 138 204

Shanklin Pier Ltd v Detel Products Ltd [1951] 2 All ER

471 326

Sharneyford Supplies Ltd v Edge [1987] Ch 305 238

Shaw v Commissioner of the Police of the Metropolis

[1987] 3 All ER 405 312

Shetland Times Ltd v Jonathan Wills 1997 SLT 669 437

Shield Mark BV v Kist [2004] All ER (EC) 277 438

Shine v General Guarantee Corp Ltd [1988] 1 All ER 911

Shove v Downs Surgical plc [1984] 1 All ER 7 563

Sidebottom v Kershaw Leese & Co Ltd [1920] 1 Ch 154

160

Sigsworth, Re [1935] Ch 89 21

Simonds v Isle of Wight Council [2003] EWHC 2303

(QB) 336

Simpkins v Pays [1955] 3 All ER 10 227

Simpson v London and North Western Rail Co (1876)

1 QBD 274 256

Sisley v Britannia Security Systems [1983] IRLR 404 519

Smith v Baker & Sons [1891] AC 325 352, 501

Smith v Eric S Bush; Harris v Wyre Forest District Council

[1989] 2 All ER 514 346

Smith v Land and House Property Corporation (1884) 28

ChD 7 237

Smith v Mawhood (1894) 14 M&W 452 243

Smith (HS) and Sons, Re (1999) The Times, 6 January 132

Smith New Court Securities Ltd v Scrimgeour Vickers

[1996] 4 All ER 769 237

Snow v Milford (1868) 18 LT 142 126, 129

Société Anonyme des Anciens Etablissements Panhard et

Lavassor v Levassor Motor Co Ltd [1901] 2 Ch 513 152

Société des Produits Nestlé SA v Mars UK Ltd [2003]

EWCA Civ 1072 439

Solle v Butcher [1949] 2 All ER 1107 231, 232

Soulsbury v Soulsbury [2007] EWCA Civ 969 211

South Caribbean Trading Ltd v Trafigura Beeher BV

Spicer (Keith) Ltd v Mansell [1970] 1 All ER 462 112

Spring v Guardian Assurance plc [1994] 3 All ER 129 487

Spurling (J) v Bradshaw [1956] 2 All ER 121 287, 288

St Albans City and District Council v International

Computers Ltd [1996] 4 All ER 481 292

Standard Chartered Bank v Pakistan National Shipping

Corporation [2003] 1 All ER 173 238

Stark v Post Office [2000] ICR 1013 508

State of Wyoming Syndicate, Re [1901] 2 Ch 431 188

Steel v Joy [2004] 4 All ER 920 64

Steer v Durable Rubber Manufacturing Co Ltd (1958)

The Times, 20 November 338

Stekel v Ellice [1973] 1 WLR 191 115, 116

Stennett v Hancock and Peters [1939] 2 All ER 578 337

Stevenson v McLean (1880) 5 QBD 346 209

Stevenson v Rogers (1999) 1 All ER 613 305, 329, 401

Stevenson & Sons Ltd v AK für Cartonnagen Industrie

Strange (S W) Ltd v Mann [1965] 1 All ER 1069 242

Stubbings v Webb [1993] 1 All ER 322 355

Sturges v Bridgman (1879) 11 ChD 852 348

Suisse Atlantique Société d’Armement Maritime SA v

Rotterdamsche Kolen Centrale NV [1966] 2 All ER 61

290

Syers v Syers (1875–76) LR 1 App Cas 174 130

Sykes v Taylor-Rose [2004] EWCA Civ 299 236

TSB Bank plc v Botham [1995] EGCS 3 422

TSB Bank plc v Harris [2000] IRLR 157 488

Tarling v Baxter (1827) 6 B&C 360 309

Taylor v Caldwell (1863) 5 Bing 533 251

Taylor v Liverpool Corporation [1939] 3 All ER 329 429

Taylors Industrial Flooring Ltd v M & H Plant Hire

(Manchester) Ltd (1990) BCLC 216 190

Tesco Stores Ltd v Khalid [2001] All ER (D) 314 (Nov) 544

Thackwell v Barclays Bank [1986] 1 All ER 676 354

Thomas v National Coal Board [1987] IRLR 451 481

Tower Cabinet Co Ltd v Ingram [1949] 2 KB 397 116, 123

Transco plc v Stockport Metropolitan Borough Council

Tweddle v Atkinson (1861) 1 B&S 393 216

United Bank of Kuwait plc v Sahib and others [1995]

Van Duyn v Home Office [1974] 3 All ER 178 32

Viasystems Ltd v Thermal Transfer (Northern) Ltd [2005]

Wadley v Eager Electrical [1986] IRLR 93 545

Wagon Mound , The , see Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound)—

Waldron-Kelly v British Railways Board [1981] CLY 303

295

Walford v Miles [1992] 1 All ER 453 212

Walker v Northumberland County Council [1994] NLJR

Walton v British Leyland (UK) Ltd (1978) (unreported)

338

Waltons and Morse v Dorrington (1997) 579 IRLB 8 509

Warlow v Harrison (1859) 1 E & E 309 207

Warner Brothers v Nelson [1936] 3 All ER 160 259, 564

Warren v Mendy [1989] 3 All ER 103 564

Warren v Truprint Ltd [1986] BTLC 344 295

Webb v EMO Air Cargo (UK) Ltd [1995] 4 All ER 577

White v Chief Constable of South Yorkshire Police, sub

nom Frost v Chief Constable of South Yorkshire Police

Whitmore v Mason (1861) 2 J&H 204 129

Whitwell v Arthur (1865) 35 Beav 140 129

William Hill Organisation Ltd v Tucker [1998] IRLR 313

484, 491

Williams v Compair Maxam [1982] ICR 156 547, 555

Williams v Roffey Bros & Nicholls (Contractors) Ltd

[1990] 1 All ER 512 217, 218, 265

Wilson v Best Travel Ltd [1993] 1 All ER 512 324

Wilson v First County Trust Ltd [2003] UKHL 40 393,

400

Wilson v Secretary of State for Trade and Industry [2003]

4 All ER 97 22, 400

Wilsons and Clyde Coal Co v English [1938] AC 57 500

Wimpey (George) UK Ltd v VI Construction Ltd [2005]

EWCA Civ 77 235

Winsor v Schroeder (1979) 129 NLJ 1266 128

Wishart v National Association of Citizens’ Advice

Bureaux [1990] IRLR 393 488

With v O’Flanagan [1936] 1 All ER 727 236

Withall and Conquest and Specialised Mouldings, Re

(1987) (unreported) 559

Witley and District Men’s Club v Mackay [2001] IRLR

595 516

Woodar Investment Development Ltd v Wimpey

Construction (UK) Ltd [1980] 1 All ER 571 221

Woodchester Lease Management Services Ltd v Swain &

Wylie v Dee & Co (Menswear) Ltd [1978] IRLR 103 520

YL v Birmingham City Council and Others [2007] EWCA

Civ 27 39

Yates Building Co Ltd v R J Pulleyn & Sons (York) Ltd

(1975) 119 Sol Jo 370 213

Yenidje Tobacco Co Ltd, Re [1916] 2 Ch 426 131

Yianni v Edwin Evans & Sons [1981] QB 438 346

Yorkshire Enterprise Ltd v Robson Rhodes (1998)

unreported 345

Young v Bristol Aeroplane Co [1944] KB 718 23

Young (M) Legal Associates Ltd v Zahid Solicitors (a firm)

[2006] 1 WLR 2562 73, 112, 114, 116

Table of statutes

Abortion Act 1967 19

Access to Justice Act 1999 45, 49, 54, 55, 58, 60, 61

Access to Neighbouring Land Act 1992 425

Administration of Estates Act 1925 21

Administration of Justice Act 1969 24, 62

Administration of Justice Act 1985 48

Animal Welfare Act 2006 75

Anti-social Behaviour Act 2003 348

Appellate Jurisdiction Act 1876 23

Arbitration Act 1996 65, 417

Asylum and Immigration Act 1996 528, 529

Betting, Gaming and Lotteries Act 1963 493

Bill of Rights 1688 22

Bills of Exchange Act 1882 228, 273

Bills of Sale Act 1878 81, 85, 95, 381, 388

Bills of Sale Act (1878) Amendment Act 1882 81, 85, 95,

381, 388

Business Names Act 1985 97, 98, 115, 138

Carriage of Goods by Sea Act 1971 290

Cheques Act 1957 273

Cheques Act 1992 273

Child Support Act 1991 60

Civil Liability (Contribution) Act 1978 121

Civil Partnership Act 2004 58, 82

Civil Procedure Act 1997 14, 56, 58

Clean Neighbourhoods and Environment Act 2005 348

Commonhold and Leasehold Reform Act 2002 427, 428

Companies (Audit Investigation and Community

Computer Misuse Act 1990 449

Constitutional Reform Act 2005 15, 17, 56, 62, 67

Consumer Arbitration Agreements Act 1988 417

Consumer Credit Act 1974 85, 228, 267, 268, 286, 297,

Copyright, Designs and Patents Act 1988 58, 432–437

Corporate Manslaughter and Corporate Homicide Act

2007 512

Countryside and Rights of Way Act 2000 425, 426

County Courts Act 1984 58

Courts Act 1971 54

Courts Act 2003 53

Courts and Legal Services Act 1990 45–47, 49, 53, 58, 350

Credit Unions Act 1979 387

Crime and Disorder Act 1998 54

Criminal Appeals Act 1995 53, 56

Criminal Damage Act 1971 377

Criminal Justice Act 1993 373–375

Criminal Justice Act 2003 4, 53, 54, 55, 373

Criminal Justice and Court Services Act 2000 530

Criminal Justice and Immigration Act 2008 53, 448

Criminal Justice and Public Order Act 1994 54, 532

Criminal Procedure and Investigations Act 1996 54

Data Protection Act 1984 371, 443–446

Data Protection Act 1998 372, 443–448, 450, 451, 488,

489, 529

Deeds of Arrangement Act 1914 102

Defamation Act 1996 350, 351, 355

Defective Premises Act 1972 290

Deregulation and Contracting Out Act 1994 493

Disability Discrimination Act 1995 455, 509, 525, 527,

528, 535–539

Disability Discrimination Act 2005 524, 535

Disabled Persons (Employment) Act 1944 536

Electronic Communications Act 2000 84, 228

Employer’s Liability (Defective Equipment) Act 1969 500

Employers’ Liability (Compulsory Insurance) Act 1969

494, 500

Employment Act 1989 521

Employment Act 2002 461, 462, 476, 478, 483, 541, 546

Employment Protection Act 1975 486, 548

Employment Relations Act 1999 13, 226, 455, 456, 468,

485, 540, 542, 546

Employment Relations Act 2004 468, 477

Employment Rights Act 1996 108, 228, 251, 268, 452,

Environmental and Safety Information Act 1988 511

Environmental Protection Act 1990 95, 347, 348

Equal Pay Act 1970 35, 480, 481, 525

Equality Act 2006 39, 524, 539

European Communities Act 1972 34, 35

European Communities (Amendment) Act 1986 25

European Communities (Amendment) Act 1993 25

European Parliamentary Elections Act 1999 20

European Union (Amendment) Act 2008 36

Factories Act 1961 503, 505

Factors Act 1889 271, 313, 381

Fair Trading Act 1973 244, 247, 248, 299, 327, 404, 405, 408

Fatal Accidents Act 1976 502

Financial Services Act 1986 273

Financial Services and Markets Act 2000 74, 88, 137,

168–170, 273, 277, 373, 375, 411

Fire Precautions Act 1971 513

Food Safety Act 1990 9, 362, 365, 366, 404, 405, 411, 412

Food Standards Act 1999 405

Fraud Act 2006 372, 373, 411

Freedom of Information Act 2000 449, 451

Gambling Act 2005 60, 244

Gaming Act 1845 243

Gender Recognition Act 2004 523

Government of Wales Act 1998 16, 43

Government of Wales Act 2006 18, 43

Health and Safety at Work etc Act 1974 4, 75, 462, 471,

488, 502, 505–513

Hire Purchase Act 1964 234, 314, 315, 381, 388

House of Lords Act 1999 15, 17

Human Rights Act 1998 19, 22, 36, 38, 39, 44, 62, 69, 100,

104, 529

Hunting Act 2004 20, 75

Immigration and Asylum Act 1999 38

Immigration, Asylum and Nationality Act 2006 529

Income Tax (Earnings and Pensions) Act 2003 563

Industrial Relations Act 1971 13

Infants Relief Act 1874 230

Justices of the Peace Act 1997 53

Land Registration Act 1925 424

Land Registration Act 2002 424

Landlord and Tenant Act 1954 424, 425, 427

Late Payment of Commercial Debts (Interest) Act 1998

99, 100, 258, 265

Latent Damage Act 1986 355

Law Commission Act 1965 14

Law of Property Act 1925 81, 83, 222, 266, 272

Law of Property (Miscellaneous Provisions) Act 1989 84,

204, 227–229, 266

Law Reform (Contributory Negligence) Act 1945 339, 352–354, 500

Law Reform (Frustrated Contracts) Act 1943 250, 253

Law Reform (Miscellaneous Provisions) Act 1934 502

Legal Services Act 2007 45, 47

Licensing Act 2003 60

Limitation Act 1980 260, 261, 342, 355

Limited Liability Partnerships Act 2000 74, 86, 88, 90, 121–123, 134–136, 138, 558

Limited Partnerships Act 1907 86, 133, 134, 138

Magistrates’ Courts Act 1980 53

Matrimonial Homes Act 1983 106

Medicines Act 1968 404

Mental Capacity Act 2005 75, 117, 129, 142, 231

Mental Health Act 1983 231

Merchant Shipping Act 1988 18

Minors’ Contracts Act 1987 230, 231

Misrepresentation Act 1967 169, 170, 238, 239, 282, 294,

410, 411

Monopolies and Trade Practices Act 1948 244

Murder (Abolition of the Death Penalty) Act 1965 19